Morales v. Social Security Administration Commissioner

Filing 10

JUDGMENT ADOPTING 9 REPORT AND RECOMMENDATION in its entirety AND REVERSING THE DECISION OF THE COMMISSIONER AND REMANDING THIS CASE TO THE COMMISSIONER FOR FURTHER CONSIDERATION PURSUANT TO SENTENCE FOUR of 42 U.S.C. 405(g). Signed by Honorable Jimm Larry Hendren on December 4, 2013. (src) Modified on 12/5/2013 to add docket text and modify document type (mfr).

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION

RUBY MORALES
V.

PLAINTIFF
NO. 12-5211

CAROLYN W. COLVIN,1
Acting Commissioner of the Social Security Administration

DEFENDANT

JUDGMENT

Now on this 4th day of December, 2013, comes on for consideration the Report and
Recommendation dated October 30, 2013, by the Honorable Erin L. Setser, United States
Magistrate Judge for the Western District of Arkansas. Fourteen (14) days have passed without
objections being filed by the parties. The Court has reviewed this case, and being well and
sufficiently advised, finds that the Report and Recommendation is proper and should be adopted
in its entirety. Accordingly, the Court hereby adopts the Report and Recommendation; reverses
the decision of the Commissioner; and remands this case to the Commissioner for further
consideration pursuant to sentence four of 42 U.S.C. § 405(g).
If Plaintiff wishes to request an award of attorney's fees and cost under the Equal Access
to Justice Act (EAJA) 28 U.S.C. § 2412, an application may be filed up until 30 days after the
judgment becomes "not appealable" i.e., 30 days after the 60-day time for appeal has ended. See

1

Carolyn W. Colvin, has been appointed to serve as acting Commissioner of Social Security, and is substituted as
Defendant, pursuant to Rule 25(d)(1) of the Federal Rules of Civil Procedure.

AO72A
(Rev. 8/82)

Shalala v. Schaefer, 509 U.S. 292, 296 (1993); 28 U.S.C. §§2412(d)(1)(B),(d)(2)(G).
IT IS SO ORDERED.
__/s/ Jimm Larry Hendren______
HON. JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE

AO72A
(Rev. 8/82)